A.07.04 Withdrawing an Appeal (National Procedure)

Procedure Standard

• A prisoner’s right to withdraw an appeal to the Visiting Justice against the decision of the Hearing Adjudicator is fairly and justly actioned.

Procedures

1. Prior to the matter being heard before the Visiting Justice, the prisoner may, at any time after making an appeal under section 136 of the Corrections Act 2004, withdraw that appeal.
2. The prisoner withdraws their appeal by signing the Notice of Prisoners Request to Withdraw Appeal form (A.07.04.F1).
3. When the appeal is withdrawn, the prisoner cannot request a further appeal on the same ground for the same misconduct (i.e. conviction or penalty).
4. The original penalty imposed by the Hearing Adjudicator remains and will commence from the date the appeal was withdrawn.
5. The prisoner is not required to appear before the Visiting Justice.
6. The relevant paperwork will be referred to the Visiting Justice, as soon as practicable, for the Record of Hearing form (A.07.02.F2) and the Punishment Book to be endorsed “Appeal withdrawn by (full name of prisoner) on (date A.07.04.F1 signed)”.
7. The prisoner will be given an updated copy of the Record of Hearing form (A.07.02.F2).
8. The original signed copy of the Prisoner Appeals form (A.07.03.F1) and the Notice of Prisoners Request to Withdraw Appeal form (A.07.04.F1) will be placed on the prisoner’s file, with a copy sent to National Office (Prisoner Records).